BILL NUMBER: AB 2227	CHAPTERED  09/30/00

	CHAPTER   1064
	FILED WITH SECRETARY OF STATE   SEPTEMBER 30, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 30, 2000
	PASSED THE ASSEMBLY   AUGUST 30, 2000
	PASSED THE SENATE   AUGUST 29, 2000
	AMENDED IN SENATE   AUGUST 28, 2000
	AMENDED IN SENATE   AUGUST 24, 2000
	AMENDED IN SENATE   AUGUST 18, 2000
	AMENDED IN SENATE   JULY 6, 2000
	AMENDED IN SENATE   JUNE 19, 2000
	AMENDED IN ASSEMBLY   MAY 16, 2000
	AMENDED IN ASSEMBLY   APRIL 24, 2000

INTRODUCED BY   Assembly Member Torlakson

                        FEBRUARY 24, 2000

   An act to amend Section 11837.4 of, to amend, repeal, and add
Section 11836 of, and to add Section 11836.16 to, the Health and
Safety Code, and to amend Sections 9250.14, 13386, 14601, 14601.1,
14601.4, 14601.5,  23575, 23646, and 23649 of the Vehicle Code,
relating to vehicles, and declaring the urgency thereof, to take
effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2227, Torlakson.  Driving under the influence:  alcohol and
drug programs:  ignition interlock device.
   (1) Under existing law, the State Department of Alcohol and Drug
Programs is granted the sole authority to issue, deny, suspend, or
revoke the license of a driving-under-the-influence (DUI) program.
Existing law defines programs to mean specified entities that have
been initially recommended by a county board of supervisors and that
are subsequently licensed to provide specified alcohol or drug
services.
   This bill would clarify that the programs are limited to the
county in which the particular board of supervisors has provided the
recommendation.  The bill would also authorize a board of supervisors
to limit its recommendations to those programs that provide services
for persons convicted of a first DUI offense or services for persons
convicted of a 2nd or subsequent DUI offense, or both services.  The
bill would provide that if a county board of supervisors fails to
provide these recommendations, the department would determine the
program or programs to be licensed in that county.
   The bill would authorize a county board of supervisors to place
one or more limitations on the service to be provided by a
driving-under-the-influence program or the area the program may
operate within the county, after determining a need and when it
recommends a program to the department, as described.
   The provisions of the bill described in (1) would become operative
on January 1, 2001 and would apply only to the initial
recommendation to the department for licensure of a program by the
county.  The provisions of the bill described in (1) would not become
operative if AB 803 is enacted after this bill.
   (2) Existing law requires the State Department of Alcohol and Drug
Programs to approve all fee schedules for a
driving-under-the-influence program.
   This bill would authorize the programs to request an increase in
the fee or fees in accordance with a specified procedure.
   This bill would require the State Department of Alcohol and Drug
Programs to adopt regulations for satellite offices of
driving-under-the-influence programs.  The bill would define the term
"satellite offices."
   (3) Existing law, in addition to the other fees imposed for the
registration of a vehicle, imposes, with certain exceptions, an
additional fee of $1, and continuously appropriates the money to fund
local programs relating to vehicle theft crimes.  However, in any
county with a population of 200,000 or less, the money is also
required to be expended for the prosecution of crimes involving
driving while under the influence of alcohol or drugs, or both, or
vehicular manslaughter, or any combination of those crimes.  These
provisions are to be repealed as of January 1, 2005.
   This bill would increase from 200,000 to 250,000 the population of
counties that are required to expend the money for the prosecution
of the additional vehicle offenses specified above.
   (4) Existing law requires the Department of Motor Vehicles to
certify or cause to be certified ignition interlock devices.
   This bill would require the Department of Motor Vehicles to ensure
that these devices continue to meet certification requirements, as
prescribed.
   (5) Existing law prohibits a person from operating a motor vehicle
at anytime when that person's driving privileges have been suspended
for reckless driving or other specified reasons, including failure
to submit to a chemical test.
   This bill would require that a person whose driving privileges are
suspended based on one of these provisions, but who was originally
subject to suspension based on driving under the influence of an
alcoholic beverage or drug, but pled not guilty or no contest to one
of these offenses, to be subject to ignition interlock device
requirements, as prescribed, upon conviction of the specified
offense.
   (6) Existing law authorizes a court-mandated use of certified
ignition interlock devices upon conviction of driving under the
influence of an alcoholic beverage or drug.
   This bill would require the court to provide notice of the terms
of the use of the ignition interlock device to the Department of
Motor Vehicles.  The bill would also expand the authority of the
court to require the device as prescribed.  The bill would define a
specified term.  This bill would impose a state-mandated local
program by increasing the duties of the courts.
   (7) This bill would incorporate additional changes in Section
11836 of the Health and Safety Code proposed by AB 803, to be
operative only if this bill and AB 803 are enacted and become
effective on or before January 1, 2001, each bill affects Section
11836 of the Health and Safety Code, and this bill is enacted last.
   (8) This bill would incorporate additional changes in Section
9250.14 of the Vehicle Code proposed by SB 2084, to be operative only
if this bill and SB 2084 are enacted and become effective on or
before January 1, 2001, each bill amends Section 9250.14 of the
Vehicle Code, and this bill is enacted last.
  (9) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   (10) The bill would declare that it is to take effect immediately
as an urgency statute.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 11836 of the Health and Safety Code is amended
to read:
   11836.  (a) The department shall have the sole authority to issue,
deny, suspend, or revoke the license of a
driving-under-the-influence program.  As used in this chapter
"program" means any firm, partnership, association, corporation,
local governmental entity, agency or place that has been initially
recommended by the county board of supervisors and that is
subsequently licensed by the department to provide alcohol or drug
recovery services to any of the following:
   (1) A person whose license to drive has been administratively
suspended or revoked for, or who is convicted of, a violation of
Section 23152 or 23153 of the Vehicle Code, and admitted to a program
pursuant to Section 13352, 13353.4, 23538, 23542, 23548, 23552,
23556, 23562, or 23568 of the Vehicle Code.
   (2) A person who is convicted of a violation of subdivision (b),
(c), (d), or (e) of Section 655 of the Harbors and Navigation Code,
or of Section 655.4 of that code, and admitted to the program
pursuant to Section 668 of that code.
   (3) A person who has pled guilty or nolo contendere to a charge of
a violation of Section 23103 of the Vehicle Code, under the
conditions set forth in subdivision (c) of Section 23103.5 of the
Vehicle Code, and who has been admitted to the program under
subdivision (e) of Section 23103.5 of the Vehicle Code.
   (b) If a firm, partnership, corporation, association, local
government entity, agency, or place has, or is applying for, more
than one license, the department shall treat each licensed program,
or each program seeking licensure, as belonging to a separate firm,
partnership, corporation, association, local government entity,
agency, or place for the purposes of this chapter.
   (c) This section shall remain in effect only until January 1,
2001, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2001, deletes or extends
that date.
  SEC. 2.  Section 11836 is added to the Health and Safety Code, to
read:
   11836.  (a) The department shall have the sole authority to issue,
deny, suspend, or revoke the license of a
driving-under-the-influence program.  As used in this chapter,
"program" means any firm, partnership, association, corporation,
local governmental entity, agency or place that has been initially
recommended by the county board of supervisors, subject to any
limitation imposed pursuant to subdivisions (c) and (d), and that is
subsequently licensed by the department to provide alcohol or drug
recovery services in that county to any of the following:
   (1) A person whose license to drive has been administratively
suspended or revoked for, or who is convicted of, a violation of
Section 23152 or 23153 of the Vehicle Code, and admitted to a program
pursuant to Section 13352, 13353.4, 23538, 23542, 23548, 23552,
23556, 23562, or 23568 of the Vehicle Code.
   (2) A person who is convicted of a violation of subdivision (b),
(c), (d), or (e) of Section 655 of the Harbors and Navigation Code,
or of Section 655.4 of that code, and admitted to the program
pursuant to Section 668 of that code.
   (3) A person who has pled guilty or nolo contendere to a charge of
a violation of Section 23103 of the Vehicle Code, under the
conditions set forth in subdivision (c) of Section 23103.5 of the
Vehicle Code, and who has been admitted to the program under
subdivision (e) of Section 23103.5 of the Vehicle Code.
   (b) If a firm, partnership, corporation, association, local
government entity, agency, or place has, or is applying for, more
than one license, the department shall treat each licensed program,
or each program seeking licensure, as belonging to a separate firm,
partnership, corporation, association, local government entity,
agency, or place for the purposes of this chapter.
   (c) For purposes of providing recommendations to the department
pursuant to subdivision (a), a county board of supervisors may limit
its recommendations to those programs that provide services for
persons convicted of a first driving-under-the-influence offense, or
services to those persons convicted of a second or subsequent
driving-under-the-influence offense, or both services.  If a county
board of supervisors fails to provide recommendations, the department
shall determine the program or programs to be licensed in that
county.
   (d) After determining a need, a county board of supervisors may
also place one or more limitations on the services to be provided by
a driving-under-the-influence program or the area the program may
operate within the county, when it initially recommends a program to
the department pursuant to subdivision (a).
   (1) For purposes of this subdivision, a board of supervisors may
restrict a program for those convicted of a first
driving-under-the-influence offense to providing only a three-month
program, or may restrict a program to those convicted of a second or
subsequent driving-under-the-influence offense to providing only an
18-month program, as a condition of its recommendation.
   (2) A board of supervisors may not place any restrictions on a
program that would violate any statute or regulation.
   (3) When recommending a program, if a board of supervisors fails
to place any limitation on a program pursuant to this subdivision,
the department may license that program to provide any
driving-under-the-influence program services that are allowed by law
within that county.
   (4) This subdivision is intended to apply only to the initial
recommendation to the State Department of Alcohol and Drug Programs
for licensure of a program by the county.  It is not intended to
affect any license that has been previously issued by the department
or the renewal of any license for a driving-under-the-influence
program.  In counties where a contract or other written agreement is
currently in effect between the county and a licensed
driving-under-the-influence program operating in that county, this
subdivision is not intended to alter the terms of that relationship
or the renewal of that relationship.
   (e) This section shall become operative on January 1, 2001.
  SEC. 2.1.  Section 11836 is added to the Health and Safety Code, to
read:
   11836.  (a) The department shall have the sole authority to issue,
deny, suspend, or revoke the license of a
driving-under-the-influence program.  As used in this chapter,
"program" means any firm, partnership, association, corporation,
local governmental entity, agency or place that has been initially
recommended by the county board of supervisors, subject to any
limitation imposed pursuant to subdivisions (c) and (d), and that is
subsequently licensed by the department to provide alcohol or drug
recovery services in that county to any of the following:
   (1) A person whose license to drive has been administratively
suspended or revoked for, or who is convicted of, a violation of
Section 23152 or 23153 of the Vehicle Code, and admitted to a program
pursuant to Section 13352, 13353.4, 23538, 23542, 23548, 23552,
23556, 23562, or 23568 of the Vehicle Code.
   (2) A person who is convicted of a violation of subdivision (b),
(c), (d), or (e) of Section 655 of the Harbors and Navigation Code,
or of Section 655.4 of that code, and admitted to the program
pursuant to Section 668 of that code.
   (3) A person who has pled guilty or nolo contendere to a charge of
a violation of Section 23103 of the Vehicle Code, under the
conditions set forth in subdivision (c) of Section 23103.5 of the
Vehicle Code, and who has been admitted to the program under
subdivision (e) of Section 23103.5 of the Vehicle Code.
   (4) A person whose license has been suspended, revoked, or delayed
due to a violation of Section 23140, and who has been admitted to a
program under Article 2 (commencing with Section 23502) of Chapter 1
of Division 11.5 of the Vehicle Code.
   (b) If a firm, partnership, corporation, association, local
government entity, agency, or place has, or is applying for, more
than one license, the department shall treat each licensed program,
or each program seeking licensure, as belonging to a separate firm,
partnership, corporation, association, local government entity,
agency, or place for the purposes of this chapter.
   (c) For purposes of providing recommendations to the department
pursuant to subdivision (a), a county board of supervisors may limit
its recommendations to those programs that provide services for
persons convicted of a first driving-under-the-influence offense, or
services to those persons convicted of a second or subsequent
driving-under-the-influence offense, or both services.  If a county
board of supervisors fails to provide recommendations, the department
shall determine the program or programs to be licensed in that
county.
   (d) After determining a need, a county board of supervisors may
also place one or more limitations on the services to be provided by
a driving-under-the-influence program or the area the program may
operate within the county, when it initially recommends a program to
the department pursuant to subdivision (a).
   (1) For purposes of this subdivision, a board of supervisors may
restrict a program for those convicted of a first
driving-under-the-influence offense to providing only a three-month
program, or may restrict a program to those convicted of a second or
subsequent driving-under-the-influence offense to providing only an
18-month program, as a condition of its recommendation.
   (2) A board of supervisors may not place any restrictions on a
program that would violate and statute or regulation.
   (3) When recommending a program, if a board of supervisors fails
to place any limitation on a program pursuant to this subdivision,
the department may license that program to provide any
driving-under-the-influence program services that are allowed by law
within that county.
   (4) This subdivision is intended to apply only to the initial
recommendation to the State Department of Alcohol and Drug Programs
for licensure of a program by the county.  It is not intended to
affect any license that has been previously issued by the department
or the renewal of any license for a driving-under-the-influence
program.  In counties where a contract or other written agreement is
currently in effect between the county and a licensed
driving-under-the-influence program operating in that county, this
subdivision is not intended to alter the terms of that relationship
or the renewal of that relationship.
   (e) This section shall become operative on January 1, 2001.
  SEC. 3.  Section 11836.16 is added to the Health and Safety Code,
to read:
   11836.16.  The State Department of Alcohol and Drug Programs shall
adopt regulations for satellite offices of
driving-under-the-influence programs.  The regulations shall include,
but not be limited to, any limitations on where a satellite office
may be located and the minimum and maximum number of clients to whom
a satellite office may provide services.  When adopting regulations
pursuant to this section, the department shall also consider an
appropriate licensing procedure for these offices.  For purposes of
this section, a "satellite office" is an offsite location of an
existing licensed driving-under-the-influence program.
  SEC. 4.  Section 11837.4 of the Health and Safety Code is amended
to read:
   11837.4.  (a) No program, regardless of how it is funded, may be
licensed unless all of the requirements of this chapter and of the
regulations adopted pursuant to this chapter have been met.
   (b) Each licensed program shall include, but not be limited to,
the following:
   (1) For the alcohol or drug education and counseling services
programs specified in subdivision (b) of Section 11837, each program
shall provide for close and regular face-to-face interviews.  For the
18-month programs specified in subdivision (a) of Section 11837,
each program shall provide for close and regular supervision of the
person, including face-to-face interviews at least once every other
calendar week, regarding the person's progress in the program for the
first 12 months of the program and shall provide only community
reentry supervision during the final six months of the program.  In
the last six months of the 18-month program, the provider shall
monitor the participant's community reentry activity with self-help
groups, employment, family, and other areas of self-improvement.
Unless otherwise ordered by the court, the provider's monitoring
services is limited to not more than six hours. For the 30-month
programs specified in subdivision (b) of Section 23548, subdivision
(b) of Section 23552, and subdivision (b) of Section 23568 of the
Vehicle Code, each program shall provide for close and regular
supervision of the person, including regular, scheduled face-to-face
interviews over the course of 30 months regarding the person's
progress in the program and recovery from problem drinking,
alcoholism, chemical dependency, or polydrug abuse, as prescribed by
regulations of the department.  The interviews in any of those
programs shall be conducted individually with each person being
supervised and shall occur at times other than when the person is
participating in any group or other activities of the program.  No
program activity in which the person is participating shall be
interrupted in order to conduct the individual interviews.
   (2) (A) The department shall approve all fee schedules for the
programs and shall require that each program be self-supporting from
the participants' fees and that each program provide for the payment
of the costs of the program by participants at times and in amounts
commensurate with their ability to pay in order to enable these
persons to participate.  Each program shall make provisions for
persons who can successfully document current inability to pay the
fees.  Only the department may establish the criteria and procedures
for determining a participant's ability to pay.  The department shall
ensure that the fees are set at amounts which will enable programs
to provide adequately for the immediate and long-term continuation of
services required pursuant to this chapter.  The fees shall be used
only  for the purposes set forth in this chapter, except that any
profit  or surplus, that does not exceed the maximum level
established by the department, may be utilized for any purposes
allowable under any other provisions of law.  In its regulations, the
department shall define, for the purposes of this paragraph, taking
into account prudent accounting, management, and business practices
and procedures, the terms "profits" and "surplus." The department
shall fairly construe these provisions so as not to jeopardize fiscal
integrity of the programs.  The department may not license any
program if the department finds that any element of the
administration of the program does not assure the fiscal integrity of
the program.
   (B) Each program licensed by the department under this section may
request an increase in the fees.  The request for an increase shall
initially be sent to the county alcohol program administrator.  The
county alcohol program administrator shall, within 30 days of
receiving the request, forward it to the department with the
administrator's recommendation that the fee increase be approved or
disapproved.
   (C) The administrator's recommendation shall, among other things,
take into account the rationale that the program has provided to the
administrator for the increase and whether that increase would exceed
the profit or surplus limit established by the department.
   (D) If the county alcohol program administrator fails to forward
the request to the department within the 30 days, the program may
send the request directly to the department.  In this instance, the
department may act without the administrator's recommendation.
   (E) The department shall, within 30 days of receiving the request
pursuant to subparagraph (B) or (D) approve or disapprove the
request.  In making its decision, the department shall consider the
matters described in subparagraph (C).
   (3) The licensed programs described in paragraph (1) shall include
a variety of treatment services for problem drinkers, alcoholics,
chemical dependents, and polydrug abusers or shall have the
capability of referring the persons to, and regularly and closely
supervising the persons while in, any appropriate medical, hospital,
or licensed residential treatment services or self-help groups for
their problem drinking, alcoholism, chemical dependency, or polydrug
abuse problem.  In addition to the requirements of paragraph (1), the
department shall prescribe in its regulations what other services
the program shall provide, at a minimum, in the treatment of
participants, which services may include lectures, classes, group
discussions, group counseling, or individual counseling in addition
to the interviews required by paragraph (1), or any combination
thereof.  However, any group discussion or counseling activity, other
than classes or lectures, shall be regularly scheduled to consist of
not more than 15 persons, except that they may, on an emergency
basis, exceed 15, but not more than 17, persons, at any one meeting.
At no time shall there be more than 17 persons in attendance at any
one meeting.  For the 30-month programs specified in subdivision (b)
of Section 23548, subdivision (b) of Section 23552, and subdivision
(b) of Section 23568 of the Vehicle Code, each licensed program shall
include a method by which each participant shall maintain a
compendium of probative evidence, as prescribed in the regulations of
the department, on a trimonthly basis demonstrating a performance of
voluntary community service by the participant, including, but not
limited to, the prevention of drinking and driving, the promotion of
safe driving, and responsible attitudes toward the use of chemicals
of any kind, for not less than 120 hours and not more than 300 hours,
as determined by the court, with one-half of that time to be served
during the initial 18 months of program participation and one-half of
that time to be served in the final 12 months.  In determining
whether or not the participant has met the objectives of the program,
the compendium of evidence shall also include, and the court shall
consider, the participant's demonstration of significant improvement
in any of the following areas of personal achievement:
   (A) Significant improvement in occupational performance, including
efforts to  obtain gainful employment.
   (B) Significant improvement in physical and mental health.
   (C) Significant improvement in family relations, including
financial obligations.
   (D) Significant improvement in financial affairs and economic
stability.
   The compendium of evidence shall be maintained by the participant
for review by the program, court, probation officer, or other
appropriate governmental agency.  The program officials, unless
prohibited by the referring court, shall make  provisions for a
participant to voluntarily enter, using the participant's own
resources, a licensed chemical dependency recovery hospital or
residential treatment program which has a valid license issued by the
State of California to provide alcohol or drug services, and to
receive three weeks of program participation credit for each week of
that treatment, not to exceed 12 weeks of program participation
credit, but only if the treatment is at least two weeks in duration.
The program shall document probative evidence of this hospital or
residential care treatment in the participant's program file.
   (4) In order to assure program effectiveness, the department shall
require, whenever appropriate, that the licensed program provides
services to ethnic minorities, women, youth, or any other group that
has particular needs relating to the program.
   (5) The goal of each program shall be to assist persons
participating in the program to recognize their chemical dependency
and to assist them in their recovery.
   (6) Each program shall establish a method by which the court, the
Department of Motor Vehicles, and the person are notified in a timely
manner of the person's failure to comply with the program's rules
and regulations.
   (c) No program may be licensed unless the county complies with the
requirements of subdivision (b) of Section 11812.  The provider of a
program that offers an alcohol or drug education and counseling
services program, an 18-month program, or a 30-month program or any
or all of those programs described in this section shall be required
to obtain only one license.  The department's regulations shall
specify the requirements for the establishment of each program.  The
license issued by the department shall identify the program or
programs licensed to operate.
   (d) Departmental approval for the establishment of a 30-month
program by a licensed 18-month program is contingent upon approval by
the county alcohol program administrator, based upon confirmation
that the program applicant is capable of providing the service and
that the fiscal integrity of the program applicant will not be
jeopardized by the operation of the program.
   The court shall refer a person to a 30-month treatment program
only if a 30-month program exists or is provided for in the
jurisdiction of the court.
   (e) A county or program shall not prescribe additional program
requirements unless the requirements are specifically approved by the
department.
   (f) The department may license a program on a provisional basis.

  SEC. 5.  Section 9250.14 of the Vehicle Code is amended to read:
   9250.14.  (a) In addition to any other fees specified in this code
and the Revenue and Taxation Code, upon the adoption of a resolution
by any county board of supervisors, a fee of one dollar ($1) shall
be paid at the time of registration or renewal of registration of
every vehicle registered to an address within that county except
those expressly exempted from payment of registration fees.  The
fees, after deduction of the administrative costs incurred by the
department in carrying out this section, shall be paid quarterly to
the Controller.
   (b) Notwithstanding Section 13340 of the Government Code, the
money paid to the Controller is continuously appropriated, without
regard to fiscal years, for the administrative costs of the
Controller, and for disbursement by the Controller to each county
that has adopted a resolution pursuant to subdivision (a), based upon
the number of vehicles registered, or whose registration is renewed,
to an address within that county.
   (c) Except as otherwise provided in this subdivision, money
allocated to a county pursuant to subdivision (b) shall be expended
exclusively to fund programs that enhance the capacity of local
police and prosecutors to deter, investigate, and prosecute vehicle
theft crimes.  In any county with a population of 250,000 or less,
the money shall be expended exclusively for those vehicle theft crime
programs and for the prosecution of crimes involving driving while
under the influence of alcohol or drugs, or both, in violation of
Section 23152 or 23153, or vehicular manslaughter in violation of
Section 191.5 or subdivision (c) of Section 192 of the Penal Code, or
any combination of those crimes.
   (d) No money collected pursuant to this section shall be expended
to offset a reduction in any other source of funds, nor for any
purpose not authorized under this section.
   (e) Any funds received by a county prior to January 1, 2000,
pursuant to this section that are not expended to deter, investigate,
or prosecute crimes pursuant to subdivision (c) shall be returned to
the Controller, for deposit in the Motor Vehicle Account in the
State Transportation Fund.  Those funds received by a county after
January 1, 2000, shall be expended in accordance with this section.
   (f) Each county  that has adopted or adopts a resolution pursuant
to subdivision (a) shall submit, on or before the 13th day following
the end of each quarter, a quarterly expenditure and activity report
to the designated statewide Vehicle Theft Investigation and
Apprehension Coordinator in the Department of the California Highway
Patrol.  The coordinator shall compile all county reports and prepare
an annual report for dissemination to the Legislature and
participating counties.
   (g) This section shall remain in effect only until January 1,
2005, and as of that date is repealed, unless a later enacted
statute, that is enacted on or before January 1, 2005, deletes or
extends that date.
  SEC. 5.5.  Section 9250.14 of the Vehicle Code is amended to read:

   9250.14.  (a) (1) In addition to any other fees specified in this
code and the Revenue and Taxation Code, upon the adoption of a
resolution by any county board of supervisors, a fee of one dollar
($1) shall be paid at the time of registration or renewal of
registration of every vehicle, except trailers and semitrailers
described in subdivision (a) of Section 5014.1, registered to an
address within that county except those expressly exempted from
payment of registration fees.  The fees, after deduction of the
administrative costs incurred by the department in carrying out this
section, shall be paid quarterly to the Controller.
   (2) In addition to the one dollar ($1) service fee, and upon the
implementation of the permanent trailer identification plate program,
and as part of the Commercial Vehicle Registration Act of 2001, all
commercial motor vehicles registered to an owner with an address in
the county that established a service authority under this section,
shall pay an additional service fee of two dollars ($2).
   (b) Notwithstanding Section 13340 of the Government Code, the
money paid to the Controller is continuously appropriated, without
regard to fiscal years, for the administrative costs of the
Controller, and for disbursement by the Controller to each county
that has adopted a resolution pursuant to subdivision (a), based upon
the number of vehicles registered, or whose registration is renewed,
to an address within that county.
   (c) Except as otherwise provided in this subdivision, money
allocated to a county pursuant to subdivision (b) shall be expended
exclusively to fund programs that enhance the capacity of local
police and prosecutors to deter, investigate, and prosecute vehicle
theft crimes.  In any county with a population of 250,000 or less,
the money shall be expended exclusively for those vehicle theft crime
programs and for the prosecution of crimes involving driving while
under the influence of alcohol or drugs, or both, in violation of
Section 23152 or 23153, or vehicular manslaughter in
                                 violation of Section 191.5 or
subdivision (c) of Section 192 of the Penal Code, or any combination
of those crimes.
   (d) No money collected pursuant to this section shall be expended
to offset a reduction in any other source of funds, nor for any
purpose not authorized under this section.
   (e) Any funds received by a county prior to January 1, 2000,
pursuant to this section that are not expended to deter, investigate,
or prosecute crimes pursuant to subdivision (c) shall be returned to
the Controller, for deposit in the Motor Vehicle Account in the
State Transportation Fund.  Those funds received by a county after
January 1, 2000, shall be expended in accordance with this section.
   (f) Each county that has adopted or adopts a resolution pursuant
to subdivision (a) shall submit, on or before the 13th day following
the end of each quarter, a quarterly expenditure and activity report
to the designated statewide Vehicle Theft Investigation and
Apprehension Coordinator in the Department of the California Highway
Patrol.  The coordinator shall compile all county reports and prepare
an annual report for dissemination to the Legislature and
participating counties.
   (g) This section shall remain in effect only until January 1,
2005, and as of that date is repealed, unless a later enacted
statute, that is enacted on or before January 1, 2005, deletes or
extends that date.
  SEC. 6.  Section 13386 of the Vehicle Code is amended to read:
   13386.  (a) (1) The Department of Motor Vehicles shall certify or
cause to be certified ignition interlock devices required by Article
5 (commencing with Section 23575) of Chapter 2 of Division 11.5 and
publish a list of approved devices.
   (2) (A) The Department of Motor Vehicles shall ensure that
ignition interlock devices that have been certified according to the
requirements of this section continue to meet certification
requirements.  The department may periodically require manufacturers
to indicate in writing whether the devices continue to meet
certification requirements.
   (B) The department may use denial of certification, suspension, or
revocation of certification, or decertification of an ignition
interlock device in another state as an indication that the
certification requirements are not met, if either of the following
apply:
   (i) The denial of certification, suspension or revocation of
certification, or decertification in another state constitutes a
violation by the manufacturer of Article 2.4 (commencing with Section
100.91) of Chapter 1 of Title 13 of the California Code of
Regulations.
   (ii) The denial of certification for an ignition interlock device
in another state was due to a failure of an ignition interlock device
to meet the standards adopted by the regulation set forth in clause
(i), specifically Sections 1 and 2 of the model specification for
breath alcohol ignition interlock devices, as published by notice in
the Federal Register, Vol. 57, No. 67, Tuesday, April 7, 1992, on
pages 11774 to 11787, inclusive.
   (C) Failure to continue to meet certification requirements shall
result in suspension or revocation of certification of ignition
interlock devices.
   (b) The department shall utilize information from an independent
laboratory to certify ignition interlock devices on or off the
premises of the manufacturer or manufacturer's agent, in accordance
with the guidelines.  The cost of certification shall be borne by the
manufacturers of ignition interlock devices.  If the certification
of a device is suspended or revoked, the manufacturer of the device
shall be responsible for, and shall bear the cost of, the removal of
the device and the replacement of a certified device of the
manufacturer or another manufacturer.
   (c) No model of ignition interlock device shall be certified
unless it meets the accuracy requirements and specifications provided
in the guidelines adopted by the National Highway Traffic Safety
Administration.
   (d) All manufacturers of ignition interlock devices that meet the
requirements of subdivision (c) and are certified in a manner
approved by the Department of Motor Vehicles, who intend to market
the devices in this state, first shall apply to the Department of
Motor Vehicles on forms provided by that department.  The application
shall be accompanied by a fee in an amount not to exceed the amount
necessary to cover the costs incurred by the department in carrying
out this section.
   (e) The department shall ensure that standard forms and procedures
are developed for documenting decisions and compliance and
communicating results to relevant agencies.  These forms shall
include all of the following:
   (1) An "Option to Install," to be sent by the Department of Motor
Vehicles to repeat offenders along with the mandatory order of
suspension or revocation.  This shall include the alternatives
available for early license reinstatement with the installation of an
ignition interlock device and shall be accompanied by a toll-free
telephone number for each manufacturer of a certified ignition
interlock device.  Information regarding approved installation
locations shall be provided to drivers by manufacturers with ignition
interlock devices that have been certified in accordance with this
section.
   (2) A "Verification of Installation" to be returned to the
department by the reinstating offender upon application for
reinstatement.  Copies shall be provided for the manufacturer or the
manufacturer's agent.
   (3) A "Notice of Noncompliance" and procedures to ensure continued
use of the ignition interlock device during the restriction period
and to ensure compliance with maintenance requirements.  The
maintenance period shall be standardized at 60 days to maximize
monitoring checks for equipment tampering.
   (f) Every manufacturer and manufacturer's agent certified by the
department to provide ignition interlock devices shall adopt fee
schedules that provide for the payment of the costs of the device by
applicants in amounts commensurate with the applicant's ability to
pay.
  SEC. 7.  Section 14601 of the Vehicle Code is amended to read:
   14601.  (a) No person shall drive a motor vehicle at any time when
that person's driving privilege is suspended or revoked for reckless
driving in violation of Section 23103 or 23104, any reason listed in
subdivision (a) or (c) of Section 12806 authorizing the department
to refuse to issue a license, negligent or incompetent operation of a
motor vehicle as prescribed in subdivision (e) of Section 12809, or
negligent operation as prescribed in Section 12810, if the person so
driving has knowledge of the suspension or revocation.  Knowledge
shall be conclusively presumed if mailed notice has been given by the
department to the person pursuant to Section 13106.  The presumption
established by this subdivision is a presumption affecting the
burden of proof.
   (b) Any person convicted under this section shall be punished as
follows:
   (1) Upon a first conviction, by imprisonment in the county jail
for not less than five days or more than six months and by fine of
not less than three hundred dollars ($300) or more than one thousand
dollars ($1,000).
   (2) If the offense occurred within five years of a prior offense
which resulted in a conviction of a violation of this section or
Section 14601.1, 14601.2, or 14601.5, by imprisonment in the county
jail for not less than 10 days or more than one year and by fine of
not less than five hundred dollars ($500) or more than two thousand
dollars ($2,000).
   (c) If the offense occurred within five years of a prior offense
which resulted in a conviction of a violation of this section or
Section 14601.1, 14601.2, or 14601.5, and is granted probation, the
court shall impose as a condition of probation that the person be
confined in the county jail for at least 10 days.
   (d) Nothing in this section prohibits a person from driving a
motor vehicle, which is owned or utilized by the person's employer,
during the course of employment on private property which is owned or
utilized by the employer, except an offstreet parking facility as
defined in subdivision (d) of Section 12500.
   (e) When the prosecution agrees to a plea of guilty or nolo
contendere to a charge of a violation of this section in satisfaction
of, or as a substitute for, an original charge of a violation of
Section 14601.2, and the court accepts that plea, except, in the
interest of justice, when the court finds it would be inappropriate,
the court shall, pursuant to Section 23575, require the person
convicted, in addition to any other requirements, to install a
certified ignition interlock device on any vehicle that the person
owns or operates for a period not to exceed three years.
  SEC. 8.  Section 14601.1 of the Vehicle Code is amended to read:
   14601.1.  (a) No person shall drive a motor vehicle when his or
her driving privilege is suspended or revoked for any reason other
than those listed in Section  14601, 14601.2, or 14601.5, if the
person so driving has knowledge of the suspension or revocation.
Knowledge shall be conclusively presumed if mailed notice has been
given by the department to the person pursuant to Section 13106.  The
presumption established by this subdivision is a presumption
affecting the burden of proof.
   (b) Any person convicted under this section shall be punished as
follows:
   (1) Upon a first conviction, by imprisonment in the county jail
for not more than six months or by a fine of not less than three
hundred dollars ($300) or more than one thousand dollars ($1,000), or
by both that fine and imprisonment.
   (2) If the offense occurred within five years of a prior offense
which resulted in a conviction of a violation of this section or
Section 14601, 14601.2, or 14601.5, by imprisonment in the county
jail for not less than five days or more than one year and by a fine
of not less than five hundred dollars ($500) or more than two
thousand dollars ($2,000).
   (c) Nothing in this section prohibits a person from driving a
motor vehicle, which is owned or utilized by the person's employer,
during the course of employment on private property which is owned or
utilized by the employer, except an offstreet parking facility as
defined in subdivision (d) of Section 12500.
   (d) When the prosecution agrees to a plea of guilty or nolo
contendere to a charge of a violation of this section in satisfaction
of, or as a substitute for, an original charge of a violation of
Section 14601.2, and the court accepts that plea, except, in the
interest of justice, when the court finds it would be inappropriate,
the court shall, pursuant to Section 23575, require the person
convicted, in addition to any other requirements, to install a
certified ignition interlock device on any vehicle that the person
owns or operates for a period not to exceed three years.
  SEC. 9.  Section 14601.4 of the Vehicle Code is amended to read:
   14601.4.  (a) It is unlawful for any person, while driving a
vehicle with a license suspended or revoked pursuant to Section
14601.2 to do any act forbidden by law or neglect any duty imposed by
law in the driving of the vehicle, which act or neglect proximately
causes bodily injury to any person other than the driver.  In proving
the person neglected any duty imposed by law in the driving of the
vehicle, it is not necessary to prove that any specific section of
this code was violated.
   (b) Any person convicted under this section shall be imprisoned in
the county jail and shall not be released upon work release,
community service, or any other release program before the minimum
period of imprisonment, prescribed in Section 14601.2, is served.  If
a person is convicted of that offense and is granted probation, the
court shall require that the person convicted serve at least the
minimum time of imprisonment, as specified in those sections, as a
term or condition of probation.
   (c) When the prosecution agrees to a plea of guilty or nolo
contendere to a charge of a violation of this section in satisfaction
of, or as a substitute for, an original charge of a violation of
Section 14601.2, and the court accepts that plea, except, in the
interest of justice, when the court finds it should be inappropriate,
the court shall, pursuant to Section 23575, require the person
convicted, in addition to any other requirements, to install a
certified ignition interlock device on any vehicle that the person
owns or operates for a period not to exceed three years.
  SEC. 10.  Section 14601.5 of the Vehicle Code is amended to read:
   14601.5.  (a) No person shall drive a motor vehicle at any time
when that person's driving privilege is suspended or revoked pursuant
to Section 13353, 13353.1, or 13353.2 and that person has knowledge
of the suspension or revocation.
   (b) Except in full compliance with the restriction, no person
shall drive a motor vehicle at any time when that person's driving
privilege is restricted pursuant to Section 13353.6, 13353.7, or
13353.8 and that person has knowledge of the restriction.
   (c) Knowledge of suspension, revocation, or restriction of the
driving privilege shall be conclusively presumed if notice has been
given by the department to the person pursuant to Section 13106.  The
presumption established by this subdivision is a presumption
affecting the burden of proof.
   (d) Any person convicted of a violation of this section shall be
punished as follows:
   (1) Upon a first conviction, by imprisonment in the county jail
for not more than six months or by a fine of not less than three
hundred dollars ($300) or more than one thousand dollars ($1,000), or
by both that fine and imprisonment.
   (2) If the offense occurred within five years of a prior offense
which resulted in a conviction for a violation of this section or
Section 14601, 14601.1, 14601.2, or 14601.3, by imprisonment in the
county jail for not less than 10 days or more than one year, and by a
fine of not less than five hundred dollars ($500) or more than two
thousand dollars ($2,000).
   (e) In imposing the minimum fine required by subdivision (d), the
court shall take into consideration the defendant's ability to pay
the fine and may, in the interest of justice, and for reasons stated
in the record, reduce the amount of that minimum fine to less than
the amount otherwise imposed.
   (f) Nothing in this section prohibits a person who is
participating in, or has completed, an alcohol or drug rehabilitation
program from driving a motor vehicle, that is owned or utilized by
the person's employer, during the course of employment on private
property that is owned or utilized by the employer, except an
offstreet parking facility as defined in subdivision (d) of Section
12500.
   (g) When the prosecution agrees to a plea of guilty or nolo
contendere to a charge of a violation of this section in satisfaction
of, or as a substitute for, an original charge of a violation of
Section 14601.2, and the court accepts that plea, except, in the
interest of justice, when the court finds it would be inappropriate,
the court shall, pursuant to Section 23575, require the person
convicted, in addition to any other requirements, to install a
certified ignition interlock device on any vehicle that the person
owns or operates for a period not to exceed three years.
  SEC. 11.  Section 23575 of the Vehicle Code is amended to read:
   23575.  (a) (1) In addition to any other provisions of law, the
court may require that any person convicted of a first offense
violation of Section 23152 or 23153 to install a certified ignition
interlock device on any vehicle that the person owns or operates and
prohibit that person from operating a motor vehicle unless that
vehicle is equipped with a functioning, certified ignition interlock
device.  The court shall give heightened consideration to applying
this sanction to first offense violators with 0.20 percent or more,
by weight, of alcohol in his or her blood at arrest, or with two or
more prior moving traffic violations, or of persons who refused the
chemical tests at arrest.  If the court orders the ignition interlock
device restriction, the term shall be determined by the court for a
period not to exceed three years.  The court shall notify the
Department of Motor Vehicles, as specified in subdivision (a) of
Section 1803, of the terms of the restrictions in accordance with
subdivision (a) of Section 1804.  The Department of Motor Vehicles
shall place the restriction in the person's records in the Department
of Motor Vehicles.
   (2) The court shall require any person convicted of a violation of
Section 14601.2 to install an ignition interlock device on any
vehicle that the person owns or operates and prohibit the person from
operating a motor vehicle unless the vehicle is equipped with a
functioning, certified ignition interlock device.  The term of the
restriction shall be determined by the court for a period not to
exceed three years.  The court shall notify the Department of Motor
Vehicles, as specified in subdivision (a) of Section 1803, of the
terms of the restrictions in accordance with subdivision (a) of
Section 1804.  The Department of Motor Vehicles shall place the
restriction in the person's records in the Department of Motor
Vehicles.
   (b) The court shall include on the abstract of conviction or
violation submitted to the Department of Motor Vehicles under Section
1803 or 1816, the requirement and term for the use of a certified
ignition interlock device.  The records of the department shall
reflect mandatory use of the device for the term ordered by the
court.
   (c) The court shall advise the person that installation of an
ignition interlock device on a vehicle does not allow the person to
drive without a valid driver's license.
   (d) Any person whose driving privilege is restricted by the court
pursuant to this section shall arrange for each vehicle with an
ignition interlock device to be serviced by the installer at least
once every 60 days in order for the installer to recalibrate and
monitor the operation of the device.  The installer shall notify the
court if the device indicates that the person has attempted to
remove, bypass, or tamper with the device, or if the person fails
three or more times to comply with any requirement for the
maintenance or calibration of the ignition interlock device.  There
is no obligation for the installer to notify the court if the person
has complied with all of the requirements of this article.
   (e) The court shall monitor the installation and maintenance of
any ignition interlock device restriction ordered pursuant to
subdivision (a) or (l).  If any person fails to comply with the court
order, the court shall give notice of the fact to the department
pursuant to Section 40509.1.
   (f) (1) Pursuant to Section 13352, if any person is convicted of a
violation of Section 23152 or 23153, and the offense occurred within
seven years of one or more separate violations of Section 23152 or
23153 that resulted in a conviction, the person may apply to the
Department of Motor Vehicles for a restricted driver's license
pursuant to Section 13352 that prohibits the person from operating a
motor vehicle unless that vehicle is equipped with a functioning
ignition interlock device, certified pursuant to Section 13386.  The
restriction shall remain in effect for at least the remaining period
of the original suspension or revocation and until all reinstatement
requirements in Section 13352 are met.
   (2) Pursuant to subdivision (g), the Department of Motor Vehicles
shall immediately terminate the restriction issued pursuant to
Section 13352 and shall immediately suspend or revoke the privilege
to operate a motor vehicle of any person who attempts to remove,
bypass, or tamper with the device, or who fails three or more times
to comply with any requirement for the maintenance or calibration of
the ignition interlock device ordered pursuant to Section 13352.  The
privilege shall remain suspended or revoked for the remaining period
of the originating suspension or revocation and until all
reinstatement requirements in Section 13352 are met.
   (g) Any person whose driving privilege is restricted by the
Department of Motor Vehicles pursuant to Section 13352 shall arrange
for each vehicle with an ignition interlock device to be serviced by
the installer at least once every 60 days in order for the installer
to recalibrate the device and monitor the operation of the device.
The installer shall notify the Department of Motor Vehicles if the
device indicates that the person has attempted to remove, bypass, or
tamper with the device, or if the person fails three or more times to
comply with any requirement for the maintenance or calibration of
the ignition interlock device.  There is no obligation on the part of
the installer to notify the department or the court if the person
has complied with all of the requirements of this section.
   (h) Nothing in this section permits a person to drive without a
valid driver's license.
   (i) The Department of Motor Vehicles shall include information
along with the order of suspension or revocation for repeat offenders
informing them that after a specified period of suspension or
revocation has been completed, the person may either install an
ignition interlock device on any vehicle that the person owns or
operates or remain with a suspended or revoked driver's license.
   (j) Pursuant to this section, out-of-state residents who otherwise
would qualify for an ignition interlock device restricted license in
California shall be prohibited from operating a motor vehicle in
California unless that vehicle is equipped with a functioning
ignition interlock device.  No ignition interlock device is required
to be installed on any vehicle owned by the defendant that is not
driven in California.
   (k) If a person has a medical problem that does not permit the
person to breathe with sufficient strength to activate the device,
then that person shall only have the suspension option.
   (l) This section does not restrict a court from requiring
installation of an ignition interlock device and prohibiting
operation of a motor vehicle unless that vehicle is equipped with a
functioning, certified ignition interlock device for any persons to
whom subdivision (a) or (b) does not apply.  The term of the
restriction shall be determined by the court for a period not to
exceed three years.  The court shall notify the Department of Motor
Vehicles, as specified in subdivision (a) of Section 1803, of the
terms of the restrictions in accordance with subdivision (a) of
Section 1804.  The Department of Motor Vehicles shall place the
restriction in the person's records in the Department of Motor
Vehicles.
   (m) For purposes of this section, "vehicle" does not include a
motorcycle until the state certifies an ignition interlock device
that can be installed on a motorcycle.  Any person subject to an
ignition interlock device restriction shall not operate a motorcycle
for the duration of the ignition interlock device restriction period.

   (n) For purposes of this section, "owned" means solely owned or
owned in conjunction with another person or legal entity.  For
purposes of this section, "operates" includes operating vehicles that
are not owned by the person subject to this section.
   (o) For the purposes of this section, bypass includes, but is not
limited to, either of the following:
   (1) Any combination of failing or not taking the ignition
interlock device rolling retest three consecutive times.
   (2) Any incidence of failing or not taking the ignition interlock
device rolling retest, when not followed by an incidence of passing
the ignition interlock rolling retest prior to turning the vehicles's
engine off.
  SEC. 12.  Section 23646 of the Vehicle Code is amended to read:
   23646.  (a) Each county alcohol program administrator or the
administrator's designee shall develop, implement, operate, and
administer an alcohol and drug problem assessment program pursuant to
this article for each person described in subdivision (b).  The
alcohol and drug problem assessment program may include a referral
and client tracking component.
   (b) (1) The court shall order a person to participate in an
alcohol and drug problem assessment program pursuant to this section
and Sections 23647 to 23649, inclusive, and the related regulations
of the State Department of Alcohol and Drug Programs, if the person
was convicted of a violation of Section 23152 or 23153 that occurred
within seven years of a separate violation of Section 23152 or 23153
and resulted in a conviction, the person was required to attend a
licensed program pursuant to a court order, and the person has once
failed to comply with the rules and policies of the licensed program,
other than a rule relating to the payment of fees, in accordance
with the rules and regulations of the state department.
   (2) A court may order any person convicted of a violation of
Section 23152 or 23153 to attend an alcohol and drug problem
assessment program pursuant to this article.
   (c) The State Department of Alcohol and Drug Programs shall
establish minimum specifications for alcohol and other drug problem
assessments and reports not later than September 30, 1999.
  SEC. 13.  Section 23649 of the Vehicle Code is amended to read:
   23649.  (a) Notwithstanding any other provision of law, in
addition to any other fine or penalty assessment, there shall be
levied an assessment of not more than one hundred dollars ($100) upon
every fine, penalty, or forfeiture imposed and collected by the
courts for a violation of Section 23152 or 23153 in any judicial
district that participates in a county alcohol and drug problem
assessment program.  An assessment of not more than one hundred
dollars ($100) shall be imposed and collected by the courts from each
person convicted of a violation of Section 23103, as specified in
Section 23103.5, who is ordered to participate in a county alcohol
and drug problem assessment program pursuant to Section 23647.
   (b) The court shall determine if the defendant has the ability to
pay the assessment.  If the court determines that the defendant has
the ability to pay the assessment then the court may set the amount
to be reimbursed and order the defendant to pay that sum to the
county in the manner that the court determines is reasonable and
compatible with the defendant's financial ability.  In making a
determination of whether a defendant has the ability to pay, the
court shall take into account the amount of any fine imposed upon the
defendant and any amount the defendant has been ordered to pay in
restitution.
           (c) Notwithstanding Section 1463 or 1464 of the Penal Code
or any other provision of law, all moneys collected pursuant to this
section shall be deposited in a special account in the county
treasury and shall be used exclusively by the county alcohol program
administrator or the administrator's designee to pay for the costs of
developing, implementing, operating, maintaining, and evaluating
alcohol and drug problem assessment programs.
   (d) On January 15 of each year, the treasurer of each county that
administers an alcohol and drug problem assessment program shall
determine those moneys in the special account that were not expended
during the preceding fiscal year, and shall transfer those moneys to
the general fund of the county.
   (e) Any moneys remaining in the special account, if and when the
alcohol and drug problem assessment program is terminated, shall be
transferred to the general fund of the county.
   (f) The county treasurer shall annually transfer an amount of
money equal to the county's administrative cost incurred pursuant to
this section, as he or she shall determine, from the special account
to the general fund of the county.
  SEC. 14.  (a) Section 2.1 of this bill incorporates changes to
Section 11836 of the Health and Safety Code proposed by both this
bill and AB 803.  It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2001, (2)
each bill affects Section 11836 of the Vehicle Code, and (3) this
bill is enacted after AB 803, in which case Section 11836 of the
Health and Safety Code as added by Section 2 of this bill, shall not
become operative on January 1, 2001, and Section 2.1 of this bill,
adding Section 11836 to the Health and Safety Code, shall become
operative on that date.
   (b) Sections 2 and 2.1 of this bill, adding Section 11836 to the
Health and Safety Code, shall not become operative if AB 803 is
enacted after this bill.
  SEC. 15.  Section 5.5 of this bill incorporates amendments to
Section 9250.14 of the Vehicle Code proposed by both this bill and SB
2084.  It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2001, (2) each bill
amends Section 9250.14 of the Vehicle Code, and (3) this bill is
enacted after SB 2084, in which case Section 9250.14 of the Vehicle
Code as amended by Section 5 of this bill, shall remain operative
only until the operative date of SB 2084, at which time Section 5.5
of this bill shall become operative.
  SEC. 16.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
  SEC. 17.  This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect.  The facts constituting the necessity are:
   In order that the provisions of this act, which strengthen and
clarify driving-under-the-influence sanctions and remedial actions,
may be implemented at the earliest possible time, thereby deterring
driving under the influence, it is essential that this act take
effect immediately.
